Passed in order to protect disabable citizens from discrimination and mistreatment
Followed the Rehabilitation Act of 1973, the Education of All Handicapped Children Act of 1974, and the Fair Housing Act of 1968 all of which were made to protect citizens with disabilities
Basic Provisions:
Bans discrimination of the disabled in employment, public accommodation, public services, transportation, and telecommunications
Accomodations must be providedEquipment must be made usable by disabled individuals
Facilities must be readily accesible by disabled individuals
Jobs must be reconstructed to fit a disabled individuals abilities
Ex. A blind indiviual may need someone to read information that is posted for them
Ex. An individual with diabetes may need to be given a certain schedule in order to maintain a healthy diet and monitor their blood sugar and insulin levels.
Individuals do not have to reveal the severity or details of their disability to their employer
Disabled individuals found to be under the influence of drugs or alcohol are not protected by the ADA
Analysis: The ADA impacts American Federalism because the federal government exercises it’s power by forcing the states to adopt this law. The federal government passes the law in order to protect disabled citizens, however they do not directly make the changes they are requiring. The states must make the changes to accommodate disabled individuals or the federal government will punish the individual states. The enforcing of the ADA through the federal government making the states provide accomodations for disabled individuals is how the ADA affects American Federalism.
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996
History:
The bill was a cornerstone of the Republican Contract with America
All able-bodied adults without children and two-parent families were originally disqualified from obtaining AFDC funds
Between 1936 and 1969, the number of families receiving support increased from 162,000 to 1,875,000
Between 1970 and 1994, typical benefits for a family of three fell 47% after adjusting for inflation
Proponents of the bill argued that welfare recipients were "trapped in a cycle of poverty"
The political atmosphere at the time of PRWORA's passage included a Republican-controlled House of Representatives and Senate and a Democratic president
Passage of PRWORA was the culmination of many years of debate, but was finally passed by President Clinton in 1996
Basic Provisions:
Ending welfare as an entitlement program
Requiring recipients to begin working after two years of receiving benefits
Placing a lifetime limit of five years on benefits paid by federal funds
Aiming to encourage two-parent families and discouraging out-of-wedlock births
Enhancing enforcement of child support
Analysis: The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 impacts American Federalism in that it is a federal bill to be adopted by all states. The act divides the role of the federal government and the state government within its provisions. The states are able to create their own welfare programs, but they are required to follow select provisions stipulated in the bill by the federal government. The act recognizes state’s rights, but still maintains the federal governments superiority.
Clean Air Act
History:
The first moderate bill was passed in 1960 for research purposes, but the real act with goals was passed in December 17th 1963.
It was the first major environmental law passed in the United States.
The act and amendments were passed because the government felt that the air quality needed to be addressed at a national level.
The government agreed that the state of air quality needed to be improved for public health and welfare.
Basic Provisions:
The 1960 act amended the 1955 control act by adding an additional 4 years for more research into pollution.
In 1963, the act was also amended; it gave funds for research, encouraged the development of control agencies in each state, and it got the federal government involved in inter-state pollution issues.
The 1965 amendment required the US Department of Health, Education, and Services to implement auto emission standards.
In 1970, an amendment was added to the act that had four main parts: make National Ambient Air Quality Standards, form New Source Performance Standard, make auto emission standards very specific, and encourage states to form action plans on how to achieve these goals.
Since the act remained dormant for about 20 years, Congress decided to amend the act one more time. The new amendment set timelines for auto emission standards and other standards as well. The newly changed law hoped to improve old environmental issues as well as recent ones and future ones.
Analysis: All of the laws and amendments regarding air pollution and controlling its affects gave the national government more power. Instead of having states or even just cities and towns controlling their own emission issues, the federal government set national standards that needed to be followed. The fact that reducing pollution would aim to increase general public health and welfare, gave the law and amendments greater support. The states were given some form of power in regards to these acts because states chose implementation plans. The federal government did not dictate how to decrease air pollution, they just required that it happen to specific low levels. No Child Left Behind 2002 (NCLB)
History:
The National Commission on Excellence in Education was given permission to investigate the quality of learning among schools in the US; they came out with a report in 1983 that outlined risk indicators in the schooling system such as illiteracy.
IASA 1991 (Improving America's Schools Act)was passed; it focused on the needs of all students not just those failing.
NCLB was the next attempt to improve education and it included the addition of large investments and assessments to the schooling system. Parental Involvement and accountability were to goals of the new law.
George W. Bush proposed this law on January 23rd, 2001.
The proposal was developed with the help of two representatives, John Boehner and George Miller, and two senators, Edward Kennedy and Judd Gregg.
The House of Representatives passed the bill on May 3rd 2001 and the Senate passed it on June 14th 2001.
Basic Provisions:
If schools repeatedly score poorly on standardized tests then the law requires that states to provide "highly qualified" teachers to all students
Schools that miss AYP for a second consecutive year are publicly labeled as being "in need of improvement" and are required to develop a two-year improvement plan for the subject that the school is not teaching well. Students are given the option to transfer to a better school within the school district, if any exists
Missing AYP in the third year forces the school to offer free tutoring and other supplemental education services to struggling students
If a school misses its AYP target for a fourth consecutive year, the school is labeled as requiring "corrective action," which might involve wholesale replacement of staff, introduction of a new curriculum, or extending the amount of time students spend in class
A fifth year of failure results in planning to restructure the entire school; the plan is implemented if the school fails to hit its AYP targets for the sixth year in a row. Common options include closing the school, turning the school into a charter school, hiring a private company to run the school, or asking the state office of education to run the school directly
Requires that schools to let military recruiters have students' contact information and other access to the student, if the school provides that information to universities or employers, unless the students opt out of giving military recruiters access
Analysis: No Child Left Behind was the federal government’s attempt to educate all children in the country equally. The federal government went about this by forcing the states to provide adequate testing that monitors each child’s progress. Each state is required to reach a certain standard set by the federal government. The state’s then must impose responsibility on the local governments to control the school districts and schooling systems to ensure that proper education is being provided. No Child Left Behind impacts American Federalism because it requires the state government to enforce the act, made by the federal government, by setting guidelines and standards for local schools and governments.
The Americans with Disabilities Act 1990 (ADA)
History:
Basic Provisions:
Analysis:
The ADA impacts American Federalism because the federal government exercises it’s power by forcing the states to adopt this law. The federal government passes the law in order to protect disabled citizens, however they do not directly make the changes they are requiring. The states must make the changes to accommodate disabled individuals or the federal government will punish the individual states. The enforcing of the ADA through the federal government making the states provide accomodations for disabled individuals is how the ADA affects American Federalism.
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996
History:
Basic Provisions:
Analysis:
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 impacts American Federalism in that it is a federal bill to be adopted by all states. The act divides the role of the federal government and the state government within its provisions. The states are able to create their own welfare programs, but they are required to follow select provisions stipulated in the bill by the federal government. The act recognizes state’s rights, but still maintains the federal governments superiority.
Clean Air Act
History:
Basic Provisions:
Analysis:
All of the laws and amendments regarding air pollution and controlling its affects gave the national government more power. Instead of having states or even just cities and towns controlling their own emission issues, the federal government set national standards that needed to be followed. The fact that reducing pollution would aim to increase general public health and welfare, gave the law and amendments greater support. The states were given some form of power in regards to these acts because states chose implementation plans. The federal government did not dictate how to decrease air pollution, they just required that it happen to specific low levels.
No Child Left Behind 2002 (NCLB)
History:
Basic Provisions:
Analysis:
No Child Left Behind was the federal government’s attempt to educate all children in the country equally. The federal government went about this by forcing the states to provide adequate testing that monitors each child’s progress. Each state is required to reach a certain standard set by the federal government. The state’s then must impose responsibility on the local governments to control the school districts and schooling systems to ensure that proper education is being provided. No Child Left Behind impacts American Federalism because it requires the state government to enforce the act, made by the federal government, by setting guidelines and standards for local schools and governments.